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TRIPLE G LANDFILLS v. BOARD OF COM'RS

No. IP-90-093-C.

774 F.Supp. 528 (1991)

TRIPLE G LANDFILLS, INC., Plaintiff, v. BOARD OF COMMISSIONERS OF FOUNTAIN COUNTY, and Janet Shoaf, David Ziegler, and Richard Klage, in their capacities as members of the Board of Commissioners, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

September 30, 1991.

Attorney(s) appearing for the Case

George M. Plews, Gwendolyn J. McCarty, Donn H. Wray, Plews & Shadley, George W. Pendygraft, Indianapolis, Ind., for plaintiff.

Robert R. Clark, Richard S. Pitts, Lowe, Gray, Steele & Hoffman, Indianapolis, Ind., for defendants.

ENTRY

DILLIN, District Judge.

This matter comes before the Court on the plaintiff's motion for partial summary judgment and on the defendants' cross-motion for summary judgment. For the reasons set forth below, the Court grants the plaintiff's motion and denies the defendants' cross-motion.

Background

The facts relevant to the resolution of the motions before the Court are not in dispute. The plaintiff, Triple G Landfills, Inc. ...

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